EQUITY IN AGRICULTURE: PRESERVING THE VALUE OF DELAWARE'S RURAL LANDS
Equity in Agriculture • Resources • Commentary • Myths and Misconceptions • Frequently Asked QuestionsIntroduction: Preserving the Value of Delaware's Rural Lands
Delaware has historically been known for its vibrant agricultural industry, natural resources, open spaces, and quiet pace of life. While the northern portion of the state has long been urbanized, the lands south of the C & D Canal are predominantly rural in character. Agriculture is still Delaware's largest industry, with an annual value of $859.1 million (Delaware Agriculture Statistics, 2004). Delaware's rural lands also contain numerous environmentally sensitive natural resources, ranging from tidal marshes along the Delaware Bay to working forestlands that also serve as habitat for rare and endangered species.
Traditionally, human settlements in rural Delaware have been focused in and around small to mid sized towns and major transportation routes. While there have always been people who have chosen to live in the quiet country setting offered by Delaware's rural areas, residential growth has been balanced with active agricultural and other rural land uses. Unfortunately, that is changing. In response to a new wave of population growth, and fueled by an unprecedented demand for new housing and a lucrative real estate market, Delaware's rural areas are now seriously impacted by encroaching suburban development. The State and local governments have been working for many years to protect our rural areas, yet these new development pressures have overwhelmed current land use regulations and threaten to outstrip our ability to provide needed infrastructure and services. There is now a real possibility that our agricultural lands and natural resources will become so fragmented that our largest industry and quality of life will be lost forever.
The Delaware Sprawl Prevention Act (House Bill 280) was drafted to address these concerns, and to preserve the value inherent in Delaware's rural lands. The Act acknowledges that Department of Natural Resources and Environmental Control (DNREC) wastewater permitting regulations have an influence on the type, density, and location of new development activities in Delaware. The legislation would require that these regulations be amended to recognize the unique nature of our rural lands by prohibiting large scale "community" septic systems and small lots with individual septic systems in rural areas. This paper will detail the threats posed to the state by recent development trends. It describes how the Sprawl Prevention Act will work to enhance the value inherent in the state's rural areas by protecting our natural resources and our agricultural industry while directing development into areas where it has been planned for by municipal, county and the state governments.
Provisions of The Delaware Sprawl Prevention Act
- "Community On-Site Wastewater Systems" are not permitted in rural areas as
defined by local comprehensive plans and the Strategies for State Policies and Spending.
- The lot size for "Individual On-Site Wastewater Systems" is increased from one
half acre to four acres.
- Does not effect subdivisions with five or fewer lots.
- Agricultural preservation districts, agricultural industrial and agricultural
commercial uses are exempt.
- A variance and appeals process is included in case of unique hardships caused by the Act.
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